FCC Expecting Legal Challenges To Net Neutrality

Now that the FCC’s net neutrality/Title II vote has passed, the next phase begins, according to RadioWorld.

The agency has been thinking about the issue for a decade. One of the chief issues is whether an Internet service provider can deliver certain Internet sites, content and services to customers faster than others in exchange for compensation. What the agency voted on bans any form of that, not allowing “fast lanes” for those who pay extra or “throttling” meaning slower speeds, for those who don’t.

The details of the 300+ page document were not yet public after the vote. Indeed, Chairman Tom Wheeler told reporters afterwards that one of the procedural actions that needs to occur before the document is released is the need to get the written, not just oral, dissent of GOP Commissioner Michael O’Rielly on the record, something O’Rielly bristled at later in a press conference. Pai and O’Rielly said for this vote, they got the final item 36 hours in advance, too short of a time frame to really absorb changes, they said.

Ajit Pai

“This isn’t how the FCC should operate. There’s no Internet crisis,” said Pai, noting the vote didn’t have to happen yesterday.

They predicted the item will either be vacated by the courts, or overturned by Congress or by a subsequent commission. Wheeler disagreed, saying the “clear and bright line” rules will withstand judicial scrutiny. “While some countries try to control the Internet, the action we take today [says] no one should control free, open access to the Internet,” said Wheeler to applause at the commission’s open meeting.

Now, attorneys for groups that oppose the new rules will pore over the document to determine whether they should try to get so-called “net neutrality” blocked.

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